What happens when car accidents are caused by a medical emergency? What are the issues of liability?

There are rare exceptions where it is understandable that a driver was driving over the speed limit, the only reason why this would be OK is if it was a sudden medical emergency. Therefore, auto accident legislation in the majority of the states of the country excuse cases where an accident ensued due to a sudden medical emergency.

This is called the sudden medical emergency defense say Riverside, CA accident lawyers. To incorporate this defense, being the suspect in the case, you need to prove that you were indeed in a situation that would qualify as a sudden medical emergency.

What is the sudden medical emergency defense?

The sudden medical emergency defense is basically a type of defense strategy in a personal injury or wrongful death lawsuit resulting from a car accident where the suspect can argue that he or she was driving over the speed limit because they or a passenger was in need of immediate medical attention. In addition, the emergency needs to have been unforeseen and sudden.

A perfect example is if your friend or loved one was walking down a street and they were shot all of a sudden by a criminal illegal alien that are all over the place in California sanctuary cities. If not by a criminal illegal alien, by a gangster which are all over California cities as well which Hollywood has portrayed in one movie after another. If this happens, you have a reason to drive quickly to an emergency room. If a police officer follows you after the accident with their sirens blaring then so be it, you can work it out with them when you reach the hospital. 

You should not be charged with a hit and run but your insurance company will still have to pay for the damage and so on to the other driver’s car and/or any other damage sustained (but not always which will be discussed later). Your insurance rates may or may not increase. Do not assume anything until you get this worked out with a legal professional and the other side.

In rare cases, if someone hits you and then takes off, they may have a valid reason for doing so. It may not be as extreme as the Dexter situation when he was hunting the Trinity Killer but it can happen for a number of reasons. You need a Riverside, CA accident lawyer to rectify this situation. If not from their insurance company but from yours. You can use this site to find that special legal help: http://accident.usattorneys.com/california/.

If the suspect, you, is successful in establishing this, then the judge/jury by law can waive the charges against you as an exception. The accident was caused by something that was beyond your control and could not have reasonably been predicted.

Burden of proof in a medical emergency defense

If you claim that a medical emergency is what led to the car accident then you need to be able to back it up and prove it with evidence. Riverside, California accident attorneys know, as just illustrated, that some other acceptable emergencies are as follows:

The suspect became unconscious and therefore lost control of the car which in turn led to the accident and the loss of consciousness was an unforeseeable medical emergency.

The important facet that needs to be proved in order to successfully establish a sudden medical emergency defense is that the medical emergency was of an unforeseeable nature. If a driver gets behind the wheel knowing that he or she currently suffers from a medical condition that can affect their ability to drive then it is not acceptable and the sudden medical emergency defense cannot be used and their future Riverside, CA accident lawyer will inform them of this fact.

Who is liable for damages in a car accident caused by a medical emergency?

If the defendant in an auto accident case is able to use the sudden medical emergency defense successfully then the plaintiff may not be able to get any money from the other insurance company but still possibly could because it was not their fault that this happened.  

In some states, there is a provision to compensate plaintiffs where their own auto insurers will have to pay for the damages. This is known as the no fault car insurance system. While California does not adopt the no-fault system, motorists can still have no fault insurance if they want to.

If you or someone you know is a victim of an auto accident caused by a driver that suffered from a sudden medical emergency, which can be for a variety of reasons, then the best course of action would be to appoint a Southern or Riverside, California accident lawyer as soon as possible. It may not be a hit and run case, this person may have had somewhere to be that they had to rush off too.